1-1 By: Pitts, Hunter (Senate Sponsor - Cain) H.B. No. 1059
1-2 (In the Senate - Received from the House April 4, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Administration; May 4, 2001, reported favorably by the following
1-5 vote: Yeas 3, Nays 0; May 4, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to state symbols and place designations adopted by the
1-9 legislature.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Title 3, Government Code, is amended by adding
1-12 Subtitle Z to read as follows:
1-13 SUBTITLE Z. MISCELLANEOUS PROVISIONS
1-14 CHAPTER 391. RESOLUTIONS FOR STATE SYMBOLS
1-15 AND PLACE DESIGNATIONS
1-16 Sec. 391.001. EFFECT OF CHAPTER. (a) This chapter governs
1-17 the designation of state symbols and place designations made by the
1-18 legislature by resolution approved by each house of the
1-19 legislature.
1-20 (b) This chapter does not affect the designation of a state
1-21 symbol or a place designation made by:
1-22 (1) resolution before September 1, 2001; or
1-23 (2) statute.
1-24 Sec. 391.002. STATE SYMBOLS. (a) The legislature must
1-25 specify an item's historical or cultural significance to the state
1-26 before designating the item as a state symbol.
1-27 (b) The legislature may not designate any of the following
1-28 as a state symbol:
1-29 (1) a commercial product or an item that promotes or
1-30 advocates the use of a commercial product;
1-31 (2) an individual;
1-32 (3) an event; or
1-33 (4) a place.
1-34 (c) To be effective, a resolution proposing designation of
1-35 an object as a state symbol must be referred to and reported by the
1-36 appropriate committee in each house in the manner provided for
1-37 bills.
1-38 Sec. 391.003. PLACE DESIGNATIONS. (a) In this section,
1-39 "place designation" means a special observance by the legislature
1-40 that recognizes and honors an event or location in this state,
1-41 including a municipality or county.
1-42 (b) The legislature may not assign the same place
1-43 designation to more than one event or location.
1-44 (c) The legislature may not assign more than one place
1-45 designation to any municipality, county, or other location. This
1-46 subsection does not prohibit the legislature from assigning more
1-47 than one place designation within a county.
1-48 (d) Before the legislature may assign a place designation to
1-49 a municipality, county, or other location, the legislature must be
1-50 presented by persons supporting the designation with:
1-51 (1) information related to the historical or cultural
1-52 significance of the event or location to be designated; and
1-53 (2) documentation that a local chamber of commerce or
1-54 a locally elected governmental body representing the municipality,
1-55 county, or other location to be designated supports the
1-56 designation.
1-57 (e) A place designation expires on the 10th anniversary of
1-58 its designation. This subsection does not prevent the legislature
1-59 from redesignating a place designation during or after the 10-year
1-60 period.
1-61 (f) To be effective, a resolution proposing a place
1-62 designation must be referred to and reported by the appropriate
1-63 committee in each house in the manner provided for bills.
1-64 SECTION 2. Section 441.006(a), Government Code, is amended
2-1 to read as follows:
2-2 (a) The commission shall:
2-3 (1) govern the Texas State Library;
2-4 (2) adopt policies and rules to aid and encourage the
2-5 development of and cooperation among all types of libraries,
2-6 including public, academic, special, and other types of libraries;
2-7 (3) aid those studying problems to be dealt with by
2-8 legislation;
2-9 (4) prepare and make available to the public and
2-10 appropriate state agencies information of public interest
2-11 describing the functions of the commission and the commission
2-12 procedures by which complaints are filed with and resolved by the
2-13 commission;
2-14 (5) deposit money paid to the commission under this
2-15 chapter subject to Subchapter F, Chapter 404;
2-16 (6) give to any person contemplating the establishment
2-17 of a public library advice regarding matters such as maintaining a
2-18 public library, selecting books, cataloging, and managing a
2-19 library;
2-20 (7) conduct library institutes and encourage library
2-21 associations;
2-22 (8) take custody of, preserve, and make available for
2-23 public use state records and other historical resources that
2-24 document the history and culture of Texas as a province, colony,
2-25 republic, or state;
2-26 (9) prepare and make available to the public a
2-27 complete list of every state symbol and place designation,
2-28 including state symbols and place designations made in accordance
2-29 with Chapter 391;
2-30 (10) aid and encourage, by adoption of policies and
2-31 programs, the development of effective records management and
2-32 preservation programs in state agencies and the local governments
2-33 of the state; and
2-34 (11) [(10)] establish by rule methods by which
2-35 consumers and service recipients are notified of the name, mailing
2-36 address, and telephone number of the commission for the purpose of
2-37 directing complaints to the commission.
2-38 SECTION 3. (a) This Act takes effect September 1, 2001.
2-39 (b) Chapter 391, Government Code, as added by this Act,
2-40 applies only to a state symbol or place designation adopted by the
2-41 legislature after the effective date of this Act.
2-42 * * * * *